Fla. Admin. Code Ann. R. 5K-10.002 - Permits, Licenses and Inspections
(1)
General Permits.
(a) All Milk Plants, Washing
Stations, Out-of-State Processors of Milk and Milk Products, Receiving
Stations, Transfer Stations, Single Service Container Manufacturers and
Operators of Milk Plants shall submit an application on Form DACS-05019
Application for Permit as a Manufacturer of Milk, Milk Products, Cheese, or
Containers (Rev. 10/07), hereby incorporated by reference. Milk and Milk
Product Distributors shall submit an application on Form DACS-05071 Application
for Permit as a Distributor of Milk and Milk Products (Rev. 10/07), hereby
incorporated by reference. Copies may be obtained from the Department of
Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner
Boulevard, Tallahassee, Florida 32399-1650. To secure and maintain a permit,
the applicant must conform to and comply with the provisions of the PMO and
Chapter 502, F.S.
(b) All Bulk Milk
Hauling Services shall submit an application on Form DACS-05012 Application for
a Milk Hauling Service Permit (Rev. 10/07), hereby incorporated by reference.
All Bulk Milk Hauler/Samplers shall submit an application on Form DACS-05060
Application for a Bulk Milk Hauler/Sampler Permit (Rev. 10/07), hereby
incorporated by reference. Copies may be obtained from the Department of
Agriculture and Consumer Services, Division of Dairy Industry, 3125 Conner
Boulevard, Tallahassee, Florida 32399-1650. To secure and maintain a permit,
the applicant must conform to and comply with the provisions of the PMO and
Chapter 502, F.S.
(2)
Milkfat Tester Permit. To secure and maintain a Milkfat Tester's Permit, a
person must:
(a) Submit, with the $125.00
application fee, a properly completed Form DACS-05029 Application for Milkfat
Tester's License (Rev. 10/07), hereby incorporated by reference. Copies may be
obtained from the Department of Agriculture and Consumer Services, Division of
Dairy Industry, 3125 Conner Boulevard, Tallahassee, Florida
32399-1650.
(b) Successfully
complete on-site evaluation based on the criteria set forth in Chapter 502,
F.S., and Section 6 of the PMO, conducted by the department.
(c) Successfully complete a set of split
samples provided by the department, by analyzing with each method for which
permitting is sought.
(d) Continue
to demonstrate the knowledge, ability and equipment to conduct the analysis by
the methods permitted and otherwise comply with Chapter 502, F.S., during the
permit's duration.
(e) Permitted
milkfat testers, when changing from one approved method to another or when
implementing an additional approved method, must give written notice to the
department prior to installation of equipment so that an on-site inspection and
evaluation can be conducted and permits amended.
(3) Licenses for Frozen Dessert Plants, both
in state and out-of-state, selling product in Florida.
(a) Frozen dessert plants utilizing
pasteurization shall be subject to the requirements outlined in Chapter 502,
F.S., and Rule Chapter 5K-10, F.A.C. A Frozen Dessert Manufacturer is a person
who manufactures, processes, converts, partially freezes, or freezes any mix or
frozen dessert for distribution without utilizing pasteurization as outlined in
Chapter 502, F.S., including ice cream manufacturers that do not utilize
pasteurization, and shall be subject to the requirements outlined in Chapter
500, F.S., and Rule Chapter 5K-4, F.A.C.
(b) Frozen dessert plants shall meet the
following requirements in order to secure and maintain said license:
1. Submit an Application for License as a
Wholesale Manufacturer of Frozen Desserts and/or Mix FDACS 05016 (Rev. 10/07),
hereby incorporated by reference with the required fee. The initial $200.00
application fee shall be paid in full with the initial permit application. The
renewal $100.00 application fee shall be paid in full with the annual renewal
permit application. A Wholesale Manufacturer of Frozen Dessert and/or Mix
license for in-state and out-of-state plants shall expire on June 30 of each
year.
2. In-State Frozen Dessert
Plant must also:
a. Submit facility plans for
approval.
b. Submit a label for
each product produced for review.
c. Pass a sanitation inspection.
d. Make available all products being produced
for sampling. Samples collected shall be analyzed for compliance with Rule
5K-10.003,
F.A.C.
3. Out-of-State
Frozen Dessert Plant must also submit.
a. A
valid permit to produce "frozen desserts" from the responsible food or health
regulatory agency.
b. A list of
distribution points in Florida during initial permitting and during annual
renewal.
c. Documentation evincing
that samples taken within the previous six (6) months meet local, state, or
federal food safety or health standards from the jurisdiction of origin. The
sample results shall meet the requirements of Rule
5K-10.003,
F.A.C.
(4) Milk Producer's Permit. All Milk
Producers shall submit an application on Form DACS-05026, Application for
Permit as a Florida Milk Producer (Rev. 10/07), hereby incorporated by
reference. Copies may be obtained from the Department of Agriculture and
Consumer Services, Division of Dairy Industry, 3125 Conner Boulevard,
Tallahassee, Florida 32399-1650. To secure and maintain a permit, the applicant
must conform to and comply with the provisions of the PMO and Chapter 502,
F.S.
(5) In-state Manufacturing
Milk Plants.
(a) All in-state Manufacturing
Milk Plants shall submit an application on Form DACS-05019, Application for
Permit as a Manufacturer of Milk, Milk Products, Cheese, or Containers (Rev.
10/07), hereby incorporated by reference. Copies may be obtained from the
Department of Agriculture and Consumer Services, Division of Dairy Industry,
3125 Conner Boulevard, Tallahassee, Florida 32399-1650. To secure and maintain
a permit, the applicant must conform to and comply with the provisions of the
MMPPP and Chapter 502, F.S.
(b)
Firms within the state holding a milk plant permit do not require an additional
permit to process manufactured milk products but must comply with the
provisions of the MMPPP.
(6) Penalties for Enforcement and
Reinstatement of Permits and Licenses.
(a)
General Permits listed in subsection (1). Enforcement shall be pursuant to the
PMO.
(b) Milkfat Tester's Permit.
Each permitted tester who fails to successfully complete one set of split
samples shall have the permit placed in conditional status until the next set
of split samples issued by the department has been successfully completed. A
permit shall remain conditional for a period not to exceed six months. A
milkfat tester shall not:
1. Fail to
successfully complete two consecutive sets of split samples, or
2. Falsify records.
(c) Frozen Dessert Plant License. When any
requirement of Chapter 502, F.S., or rule under this chapter is violated, the
license holder is subject to the suspension of his license. The department
shall forego suspension of the license if the product or products in violation
are not sold or offered for sale.
(d) Manufacturing Milk Plant Permit. Any
manufacturing milk plant whose permit has been suspended may make written
application for the reinstatement of its permit. The standards for
reinstatement are those set forth in the MMPPP.
(7) Routine Inspections and Tests.
(a) Each business and individual regulated
pursuant to this chapter shall permit access of officially designated persons
to all parts of its establishment or facilities to determine compliance with
the provisions of this chapter. A distributor, plant operator or hauler shall
furnish the department, for official use only, a true statement of the actual
quantities of products manufactured, and a list of all sources of milk and milk
products, records of inspections, tests, and pasteurization time and
temperature records as requested. Whenever a milk tank truck has been cleaned
and sanitized as required by the department, the outlet valve and manhole dust
cover shall be sealed.
(b) General
permittees, described in subsection (1) of this rule within the State of
Florida shall be subject to ongoing inspections to assure compliance with the
PMO's requirements.
(c) Milkfat
Testers shall be subject to periodic split sample tests to assure
proficiency.
(d) Frozen Dessert
Plants and Manufacturing Milk Plants within the state shall be subject to
inspections based upon the criteria and frequency established for milk plant
inspections in the PMO. Sampling and testing shall be quarterly, unless test
results indicate a more frequent sampling and testing is necessary. Raw milk
cheeses shall be tested for pathogens semi-annually.
(e) Pasteurization systems in Manufacturing
Milk Plants shall be subject to testing based upon the criteria and frequency
established for milk plants in the PMO.
(f) Milk Producers shall be subject to
inspections based upon the criteria and frequency described in the
PMO.
Notes
Rulemaking Authority 502.014 FS. Law Implemented 502.014, 502.053, 502.091, 502.165, 502.231 FS.
New 9-21-67, Amended 1-26-81, 8-31-82, 8-16-84, Formerly 5D-1.03, Amended 10-9-86, 12-29-88, 6-27-90, 8-29-93, 7-2-95, 10-15-03, 4-14-08, Formerly 5D-1.003, Formerly 5K-4.042, Amended 6-20-22, 11-5-23.
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